VERSE 3.56 of Manusmriti says: “yatra nāryastu pūjyante ramante tatra devatāḥ yatraitāstu na pūjyante sarvāstatrāphalā kriyāḥ” which translates to “where women are given due respect, even Gods like to reside there”. The Rajasthan High Court stressed that every woman deserves to live a life of respect, equality and decency, free from fear, force, violence, and discrimination. Article 21 of the Constitution guarantees the right to life and dignity to every citizen, including women. The Court also highlighted the significant role women have played throughout Indian history, with ancient literature and civilization evidence demonstrating their equal status with men. This right safeguards women against harassment, abuse and violence that compromise their dignity. Creating an environment where women can live and work without fear of discrimination and degradation is vital.
“Women are the backbone for any progressive nation. Ancient literature like Vedas, Brahmana, Upanishad, Grihya Sutra, Dharmasastra and Epics, Smritis and Puranas have placed women with utmost respect and integrity. Earlier civilization evidence emphasised the status of women were at par with the men. In long-standing history of India, women always catered key role in the history of mankind,” the Court said.
However, despite progress in modern times, women continue to face numerous challenges, including poor health, inadequate access to clean washrooms, and unhygienic environments in public and working spaces. The Court noted that the central and state governments have failed to provide better facilities, such as public toilets and sanitary napkins, to women in public spaces and workplaces. November 19 is celebrated as the World Toilet Day and India is also a member of the World Toilet Organization, which was established with the aim of breaking the taboo around toilets and addressing the sanitation crisis and improving toilets, worldwide.
The lack of basic facilities, including toilets for women, can lead to severe health issues. The Court emphasized the need for immediate action to address these concerns and ensure that women have access to clean, safe and hygienic public toilets and other essential facilities. The Court also highlighted the critical issue of inadequate toilet facilities for women, leading to urinary tract infections, distended bladders and other urogynaecological problems. Women often defer urination until they find a clean public toilet or reach home, fearing unhygienic conditions. This has severe medical consequences, including increased chances of toxic shock from internal sanitary protection and long-term effects of controlling the bladder, recognized globally by medical science.
The Court underscored the universal problems faced by women, worldwide, regarding access to public toilets. Research has consistently emphasized the need for public toilets that are user-friendly, sustainable, safe, clean, hygienic and accessible to children, senior citizens, and people with disabilities. Women, comprising approximately 50 percent of the population, are disproportionately affected by toilet issues due to biological differences and the necessity for more frequent visits.
The Court noted that men generally have twice as many provisions as women, with more urinals, closets and toilet blocks. Women’s need for toilets is more frequent and varied, particularly when they are out in public for work, shopping, or other essential tasks. However, the available facilities for women are often negligible, sub-standard, and poorly maintained, with inadequate infrastructure, inappropriate locations, and limited opening hours. The judge highlighted the challenges faced by working women, who often combine childcare and homemaking with work outside the home, resulting in complex travel patterns and a greater need for accessible toilets. Women require toilets at different locations, including markets, parks, playgrounds, and public transportation hubs.
“For example, for many women the ‘journey to work’ is not a single-destination trip, but may consist of ‘several stopovers’ as they travel from home to the childcare centres or to the school to drop the children, then to the office and on return, to child care centre/school/shops before returning home. There may be women who go out for field work in connection with their job, for a walk to a park/promenade; there may be women who go out to the market for their daily chores, women who take children to playground/parks, women who travel by buses/ trains, etc. Women in general require toilets, including a greater number at different locations, which are frequented, the Court observed.
The Court specifically highlighted the need for clean toilets for women, particularly those walking on the streets, which cannot be ignored. The requirement for women’s toilets, washrooms, and restrooms is even more pressing during menstruation, when frequent trips to the washroom are necessary to change sanitary napkins, tampons, or pads. Furthermore, the Court acknowledged the role of women as primary caregivers to the elderly, disabled, infirm, and children, which often necessitates additional trips to the restroom.
The World Health Organization of which India is a member, considers health of human beings, regardless of age, gender, socio-economic/ethnic background as the most basic and essential asset. The preamble of the Constitution of the WHO defines health as “a state of complete, physical, mental and social well-being and not merely the absence of disease or infirmity”. The preamble further states that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being, without distinction of race, religion, political belief, economic or social condition”.
The 1948 Universal Declaration of Human Rights also guarantees the right to a standard of living adequate for health and well-being (Article 25). The right to health was again recognized as a human right in the 1966 International Covenant on Economic, Social and Cultural Rights (Article 12). Since 2001, the organization has lobbied with governments, public and private stakeholders, etc., to prioritize sanitation in the development agenda. The right to health is relevant to all states. India has ratified the International Human Rights treaty recognizing the right to health. Thus, the right to health is an inclusive right and the underlying determinants of health amongst other things includes adequate sanitation.
The Supreme Court held in several cases that the right to life enshrined in Article 21 of the Constitution cannot be restricted to mere animal existence and it means something more than just physical survival. Right to live with human dignity is a fundamental right of every Indian citizen and includes the bare necessities. Article 47 of the Constitution casts a paramount duty on the State to take all the necessary steps to improve public health as among its primary duties. Similarly, as noted earlier, statutory duty/obligations are also cast on the municipal corporations/ councils/boards under the Rajasthan Municipalities Act, 2009. “Thus, what is evident is that the legislature has contemplated through these provisions, almost all that would be required to be performed by the State Governments and Municipal Corporations, in order to achieve the fulfilment of the fundamental right of a dignified human life. Simple and basic but of vital importance are public toilets, which are as critical as any large infrastructure project to make cities liveable.”
Women have the right to have safe and clean toilets at all convenient places, which in a way impacts their right to live with human dignity. One of the paramount duties of the state and the corporations is to improve public health by providing toilets for women at all convenient places. The single bench issued show cause notices to the authorities directing them to formulate a comprehensive scheme for constructing toilets, urinals, restrooms and privies for women in public places, schools, and workplaces. This scheme should aim to provide safe and hygienic facilities, prioritizing accessibility and security.
The proposed scheme should also include constituting a committee, comprising municipal officers, women representatives, and civic officials. This committee should identify locations for toilet construction, considering factors like accessibility, safety, and crowd flow. The toilets should be designed with aesthetics, ventilation, and natural light in mind, ensuring privacy and security for women users.
—By Shivam Sharma and India Legal Bureau